Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many people have claimed asylum on the basis of their sexual orientation or gender identity in the last 24 months; and of those, how many have been granted (1) refugee status, and (2) right to remain.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
In November 2017, the Home Office published an experimental statistics report on asylum claims on the basis of sexual orientation, this includes data on asylum claims, initial decisions and appeals where sexual orientation formed part of the basis for the claim. The report covers the period from 1 July 2015 to 31 March 2017. The report is published at the link below:
https://www.gov.uk/government/statistics/asylum-claims-on-the-basis-of-sexual-orientation
Between 1July 2015 and 31 March 2017, there were 3,535 asylum claims where sexual orientation formed part of the basis for the claim. Of these, 3,332 had an initial decision, 838 (25%) of which were grants of asylum or other forms of leave (814 grants of asylum and 24 grants of limited leave).
Asked by: Ged Killen (Labour (Co-op) - Rutherglen and Hamilton West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 11 June 2018 to Question 150775 on Asylum: LGBT People, what assessment he has made of the adequacy of the experimental statistics on asylum claims on the basis of sexual orientation; and whether his Department has plans to include those statistics in future regular statistical releases.
Answered by Caroline Nokes
Home Office statisticians continue to review the quality of data on asylum claims on the basis of sexual orientation in line with National Statistics protocols, and intend to update the published statistics in due course.
On top of this, guidance around the use of the sexual orientation identifier has been issued since 2013 and will be reviewed in due course as part of a wider review into asylum instructions.
Asked by: Ged Killen (Labour (Co-op) - Rutherglen and Hamilton West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 11 June 2018 to Question 150775 on Asylum: LGBT People, which (a) stakeholders (b) organisations and (c) individuals his Department consulted on the new instruction on Gender Identity and Expression that will replace the instructions on Gender Identity and handling asylum claims where a Gender Recognition Certificate is presented.
Answered by Caroline Nokes
The Home Office has actively sought the contributions of a wide range of stakeholders in developing its guidance on Gender Identity and Expression. These include Stonewall, the UK Lesbian & Gay Immigration Group and Asylum Aid, as well as legal experts including the Trans Equality Legal Initiative (TELI).
We expect to publish the new instruction later this year.
Asked by: Ged Killen (Labour (Co-op) - Rutherglen and Hamilton West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many and what proportion of LGBT people seeking asylum from persecution overseas were successful in their application; and whether he has any plans to review the guidelines of such applications.
Answered by Caroline Nokes
In November, the Home Office published experimental statistics on asylum claims on the basis of sexual orientation.
These statistics relate to the number of asylum claims where sexual orientation was raised as a basis, or part of the basis, of the claim, and refer to claims made between 1 July 2015 and 31 March 2017. The data do not indicate whether the individual seeking asylum actually had a particular sexual orientation, whether this was the sole basis for the claim, or whether this had any bearing on the outcome of the claim.
https://www.gov.uk/government/statistics/asylum-claims-on-the-basis-of-sexual-orientation
We remain committed to improving the asylum process for those claiming asylum on the basis of their sexual or gender identity and decision-makers are provided with dedicated guidance on the management of such claims.
We are developing a new instruction on Gender Identity and Expression that will replace both the current instructions on Gender Identity and on handling asylum claims where a Gender Recognition Certificate is presented. We expect to be able to publish this instruction later this summer.
We are also committed to reviewing the asylum instruction on claims based on sexual orientation on a regular basis. We will progress this review in the near future.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 16 April (HL6835), whether they will consider implementing a maximum length of time for which vulnerable people, including LGBT asylum seekers, can be detained for immigration purposes.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Government currently has no plans to introduce a maximum time limit on immigration detention, either generally or for particular groups, such as those who identify as LGBT.
A time limit would only encourage individuals, including foreign national offenders who present a risk to the public, to frustrate immigration and asylum procedures until they reach a point at which they would have to be released. This would impact significantly on the Government’s ability to enforce immigration controls and maintain public safety.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what is the maximum length of time that an asylum seeker seeking refugee status on grounds of their sexual orientation can be held in an immigration detention centre.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
There is no general maximum length of time for which someone can be detained for immigration purposes. This applies irrespective of the basis of the individual’s detention.
Published Home Office policy, available via the link below, is clear, however, that detention is only ever used for the shortest period necessary, and there must be a realistic prospect of removal within a reasonable timescale. During this time, decisions to maintain detention are reviewed regularly and whenever there is new evidence of removability or vulnerability. Whilst in detention, any health and welfare needs of a detained person are met through the provision of appropriate services.
https://www.gov.uk/government/publications/offender-management
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what action they intend to take to protect LGBTI asylum seekers facing discrimination and violence in asylum accommodation managed by private companies on behalf of the Home Office.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Housing providers are contractually required to take account of any particular circumstances and vulnerabilities of those that they accommodate, including sexual orientation or gender identity. The Home Office and our accommodation providers take complaints extremely seriously and have robust procedures in place to inspect, investigate and resolve any complaints raised, where specific information is provided.
We urgently investigate any complaints we receive where standards have fallen short of what we would expect. When there is clear evidence of this we work with our providers to ensure issues are quickly addressed and when they are not, we can and do impose sanctions.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, in respect of those individuals being held in detention who are claiming asylum and have made reference to a reason being their sexual orientation or gender identity, what is the longest time in days that any such individual has been held.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Department does not hold pre-July 2015 data in a reportable format however experimental data on asylum claims lodged on the basis of sexual orientation, including the number of claimants who were granted asylum, between 1 July 2015 and 31 March 2017 is available at:
https://www.gov.uk/government/statistics/asylum-claims-on-the-basis-of-sexual-orientation
Unfortunately specific information on the length of time, that those who have claimed asylum on the basis of their sexual orientation, have spent in detention, is not currently published and could only be obtained by a manual check of each record.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many people who are claiming asylum, and have made reference to a reason being their sexual orientation or gender identity, have been held in detention in the last three years for more than (1) six months, (2) 12 months, (3) 18 months, and (4) 24 months.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Department does not hold pre-July 2015 data in a reportable format however experimental data on asylum claims lodged on the basis of sexual orientation, including the number of claimants who were granted asylum, between 1 July 2015 and 31 March 2017 is available at:
https://www.gov.uk/government/statistics/asylum-claims-on-the-basis-of-sexual-orientation
Unfortunately specific information on the length of time, that those who have claimed asylum on the basis of their sexual orientation, have spent in detention, is not currently published and could only be obtained by a manual check of each record.
Asked by: Richard Burden (Labour - Birmingham, Northfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many (a) lesbian, (b) gay, (c) bisexual and (d) transgender asylum seekers have been granted refugee status in the United Kingdom in each of the last five years.
Answered by Caroline Nokes
While the information relating to sexual orientation and gender identification of foreign nationals who are granted refugee status is not routinely recorded, the Home Office remains committed to publishing information on the number of people claiming asylum on the basis of sexual orientation.
While the Department does not hold pre-July 2015 data in a reportable format and does not currently break down the data into the separate lesbian, gay, bisexual or transgender categories, experimental data on asylum claims lodged on the basis of sexual orientation, including the number of claimants who were granted asylum, between 1 July 2015 and 31 March 2017 is available at:
https://www.gov.uk/government/statistics/asylum-claims-on-the-basis-of-sexual-orientation